Independent information and advice about injury compensation with a personal injury solicitor

Supermarket Injury Compensation

If you sustain an injury in an accident in a supermarket for which you were not to blame, you should be entitled to claim supermarket injury compensation. However, supermarkets do not have an “absolute” duty of care to provide customers with a safe environment in which to shop and it is always recommended that you speak with an experienced supermarket injury compensation solicitor before submitting your claim for supermarket injury compensation to the Injuries Board for assessment. Indeed, if you like a legal assessment of your claim and advice on completing the application form to obtain the maximum possible settlement of supermarket injury compensation, you are invited to call our freephone Legal Advice Centre and discuss your accident in a supermarket directly with a solicitor.

A nurse’s claim for personal injury compensation against Tesco Supermarkets has been settled by the Circuit Court in Dublin.

The accident occurred in January 2014 after a thirty-two-year-old nurse, whose anonymity has been preserved throughout proceedings, fell over an obstruction in her local branch of Tesco Metro. The obstruction – a six-pack of beer- had been left on the floor by a customer waiting to use the self-service checkouts.

The fall caused substantial damage to the woman’s knee, which had previously undergone reconstructive surgery. After an ambulance took the nurse to St James’ Hospital, an x-ray showed that the same knee had been fractured again. Two surgeries and three years of physiotherapy later, the woman still suffers from pains around the area of the fracture.

The woman consulted a personal injuries solicitor and proceeded to make a claim against Tesco for her fall. However, the supermarket denied permission to the Injuries Board for an assessment to take place and as such the woman was granted permission to pursue her claim through the courts.

Earlier this month, Mr Justice Raymond Groarke heard details of the case at the Circuit Court in Dublin. He was informed that Tesco were continuing to deny liability for the injury, claiming that by failing to avoid the brightly-coloured box of beer, the woman had caused her own fractured knee. They added that there was nothing they could have done to prevent the injury.

Representatives for the claimant argued that the woman was forced to go through the queue of people, as the cramped layout of the supermarket made it unavoidable if she wanted to access certain parts of the store. The judge noted that this was a bad design, commenting that if the “customer traffic” of the supermarket had been managed better, the woman’s injury may never have occurred.

Adding that the woman’s knee injury must have been severe to still cause her trouble, Judge Groarke found in the claimant’s favour. Initially awarding a sum of €60,000, 20% was then deducted for contributory negligence.

A girl´s claim for a head injury in Tesco due to a slip and fall on a wet floor has been resolved after a hearing at the Circuit Civil Court.

Nine-year-old Angela Prendergast from Kilcoole in County Wicklow was shopping with her mother in the local branch of Tesco Express in September 2010, when she slipped on a wet floor and fell – banging her head against a metal freezer cabinet and sustaining a cut to her forehead.

Angela – who was only six years old at the time of the accident – received First Aid from a member of staff, before her mother – Ann Prendergast – took her to hospital where the wound was cleaned and stitched with glue. Despite the prompt attention to her head injury in Tesco, Angela still has a 2-centimetre scar on her forehead.

Through her mother, Angela made a compensation claim for a head injury in Tesco; and Tesco Ireland Ltd made an offer of €18,000 in settlement of the claim after admitting their liability for Angela´s accident. However, before the claim could be completely resolved, the settlement had to be approved in court as the claim had been made on behalf of a child.

Consequently, Mr Justice Matthew Deery at the Circuit Civil Court in Dublin heard the circumstances of Angela´s accident and the offer of compensation in settlement of Angela´s claim for a head injury in Tesco. After inspecting the scar on Angela´s forehead, Judge Deery approved the settlement.

A woman who caught the heel of her shoe in a hole on a moving walkway in a Dublin shopping centre has been awarded €13.150 in compensation for a travelator accident after a hearing at the Circuit Civil Court.

The compensation action was taken by Nuala Holloway Casey (60) from Blackrock in Dublin against company Secret Retail Holdings (trading as Superquinn Shopping Centre) and Kine (Ireland) Limited, escalator fitters, Dublin, after suffering an ankle injury at the end of 2007 at the Superquinn Shopping Centre.

The court was told that on December 21st 2007, the high heel of Nora’s shoe had become stuck at the entrance to a descending moving walkway and she then had fallen heavily – injuring her left ankle. Ms Holloway told the court that she still felt pain in the ankle and had been forced to give up playing tennis due to the damaged ankle.

Despite liability being accepted there are an argument over the final settlement amount as Nuala had failed to visit her doctor for 10 days after the accident and exacerbated her injury caused due to a different fall in 2009.

Upon reviewing the testimony made by medical experts in support of Nuala´s compensation case, Judge Hickson awarded the former Miss Ireland €12,000 compensation for travelator accident plus an additional €1,250 to account for the expenses related to her accident.

A sixteen year old schoolboy, who sustained deep cuts in his thigh when climbing over a supermarket car park fence, has had a shop car park injury settlement of 36,800 Euros approved in the Circuit Civil Court.

Michael Hogan of Firhouse, County Dublin, was just eleven years of age when the accident happened in 2006 as he was climbing over a supermarket car park fence at the Firhouse Shopping Centre. He caught his leg on a protruding and unprotected nail, which tore a deep V-shaped wound into the inside of his left thigh.

Michael´s injuries were so severe that he had to have a double layer of inner flesh stitched together under a general anaesthetic and, although he has recovered now, will be left with a permanent scar as a permanent reminder of his injury.

Liability for the shop car park injury was not contested by the owners of the Firhouse Shopping centre – Colverton Limited – and Mr Justice Matthew Deery heard that the defendants had made a settlement offer of 36,800 Euros. The judge approved the shop car park injury settlement offer, ordering that it should be invested in court funds until Michael´s 18th birthday in March 2015.

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